The North Carolina Supreme Court decision in State v. Carter stands apart from modern federal jurisprudence in holding that Article 1, section 20 of the North Carolina Constitution – North Carolina’s analog to the Fourth Amendment – does not permit a good-faith exception to the exclusionary rule. In other words, evidence collected in violation of North Carolina’s constitutional search-and-seizure protections is excluded from criminal proceedings, regardless of the good faith of the judicial officials and law enforcement officers involved in the case. In so holding, Carter exemplifies North Carolina’s general approach when interpreting state constitutional provisions with federal analogs – the persuasive lockstep. Persuasive lockstepping considers federal jurisprudence highly persuasive but does not mechanically follow it, on occasion affording more robust constitutional protections pursuant to the state constitution.
Carter has been controversial since its 1988 publication as Molly Petrey and I chronicle in our recent North Carolina Law Review piece, State v. Carter and the North Carolina Exclusionary Rule. That controversy has increased over the past decade, however, from legislative calls for its reversal to North Carolina Court of Appeals opinions contending that it has been superseded by statute. Though its constitutional force remains plain for the moment, these recent developments call into question the fate of Carter as well as the means of constitutional interpretation it represents.
Interested? Read State v. Carter and the North Carolina Exclusionary Rulehere.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00ConstitutionalRightshttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngConstitutionalRights2022-01-10 16:56:582022-01-10 16:56:58State v. Carter and the North Carolina Exclusionary Rule
Listening to your oral arguments can improve your practice – and the North Carolina Supreme Court has just made it easier.
Thanks to the tireless efforts of Fred Wood and the suggestion of our section’s communications chair, the North Carolina Supreme Court has a podcast. The Court is uploading the audio from oral arguments to its podcast.
Oral arguments from 1/5 and 1/6 are already uploaded. The Court plans to upload all future arguments.
You can find the podcast on Spotify and RadioPublic. The podcasts should be on Google Podcasts soon.
The podcast is limited to Supreme Court arguments for now but may expand to Court of Appeals arguments in the future.
While my last post focused on pregnancy support, this post focuses on what occurs when fathers fail to provide support, or at least fail to meet the court’s support definitions. Under prenatal abandonment theory, birth fathers lose “parental rights to newborn[s] by neglecting parental responsibilities during” pregnancy.[1] However, this theory can be more than a sword to terminate rights, but also a shield to protect rights via laws that 1) require fathers to “pay prenatal support or waive parental” rights and that 2) protect rights for fathers who provide such support.[2]
It’s probably fair to say that each attorney wants to be competent in his or her area of practice, but how can you set yourself apart in a particular area of law and take your practice to the next level? Having just reached my ninth year as an elder and special needs law attorney and my third year as a Board-Certified Specialist in elder law, I’ve recently reflected on what factors of my practice and education have supported developing a broad knowledge base in this area of law.
One factor of my practice and volunteer involvement that cannot be understated is with the NCBA Elder and Special Needs Law Section. Early on in my practice, a former colleague volunteered me to present recent developments at the Elder and Special Needs Law Symposium. Presenting in front of such a large group seemed a daunting task, particularly since I was certain that I would forget the entirety of my research. I was also certain that everyone in the audience would know more than me.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00ElderLawhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngElderLaw2022-01-10 15:17:152022-01-10 15:17:15Getting Involved in Your NCBA Section: A Case Study
As an NCBA Law Student Representative for North Carolina Central School of Law this year, I appreciated the YLD Law Student Outreach Committee hosting “Salary Negotiations 101 with Karen Chopra” on November 1. If you missed the event, I encourage you to view the recording here.
As a non-traditional law student with a background in Human Resources, I can attest that Karen did not hold back in sharing valuable information on salary negotiations. Some of the key takeaways from the presentation include:
Do you know a land use law superstar? Please consider nominating them for the Zoning, Planning, and Land Use Section Award of Excellence! This award recognizes a member of the Zoning, Planning, and Land Use Section who has shown outstanding dedication to land use matters while exhibiting the highest ethical standards and a commitment of service to clients and the profession. The full nomination guidelines and forms are available here: https://www.ncbar.org/members/communities/sections/zoning-planning-land-use/zoning-planning-and-land-use-section-award-of-excellence/.
Nominations for the award will close February 1, 2022. The award will be presented at the ZPLU Annual Meeting and CLE on April 21, 2022. Mark your calendars! Jamie Schwedler and Jannice Ashley are planning a great CLE focused on equity and inclusion issues, and we’ll explore various aspects of this theme in land use regulations and practices as well as in general legal practice. This CLE will be valuable for all practitioners, regardless of primary practice area.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00ZPLUhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngZPLU2022-01-04 12:14:002022-01-04 12:14:00Call for Nominations – Zoning, Planning, and Land Use Section Award of Excellence
The financial and physical impacts of pregnancy disproportionately affect women, as biology makes it easier for men to evade their equal responsibility. However, laws that provide robust pregnancy support can make women and children more secure, while also ensuring more equitable pregnancy cost distributions. Regardless of whether pregnancy support is framed as prenatal child support or preglimony,[1] society benefits. This idea of support during pregnancy is within North Carolina statutes and case law, but the type of support and ability to receive support is limited and fails to provide for the full range of women or children’s needs.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00FamilyLawhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngFamilyLaw2022-01-04 11:56:422022-01-04 11:56:42The Limits on Pregnancy Support In North Carolina
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Paralegalshttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngParalegals2021-12-20 15:13:252022-10-24 12:54:58Preparing for the Holidays
Efficiency is a lawyer’s best friend. Below you will find a cheat sheet with information and resources you need to apply for admission to the United States District Courts of North Carolina, the United States Court of Appeals for the Fourth Circuit, and the Supreme Court of the United States, with links to the various courts’ websites.
Before you begin digging through the requirements, you should verify whether your employer is willing to handle the application process and/or pay the fees on your behalf. Also, you must be a member of the Supreme Court of North Carolina (or another state) for three years before you can apply for admission to the Supreme Court of the United States.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBA YLDhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBA YLD2021-12-20 09:28:242023-09-08 16:08:47How to Apply for Admission to Federal Courts
In the summer of 2009 I traveled to a small village in the Ramsdalen valley of Norway to shoot a story for 60 Minutes about a group of adventurers jumping off cliffs and flying to the ground in wingsuits. We hired one of them to shoot video while they were in flight. He was from South Africa but had been living for the past few years with his girlfriend in a VW Bus in the French Alps. Julian Boulle was his name.
I lived with Julian in a farmhouse for two weeks during our shoot. We were together morning, noon, and night. Julian proved to be incredibly knowledgeable, not only about the techniques and mechanics of wingsuit flying, but also some of the greater existential aspects of living so close to death. As the days wore on, and the nights became longer, our conversations branched out far beyond the story we were shooting. The more we talked, the more it seemed Julian had been everywhere and knew something about everything we talked about – war, politics, world culture. Picture Forrest Gump in dreadlocks. That was Julian . . . if he was to be believed. Halfway through our shoot, I decided I didn’t.
State v. Carter and the North Carolina Exclusionary Rule
Constitutional Rights & Responsibilities SectionThe North Carolina Supreme Court decision in State v. Carter stands apart from modern federal jurisprudence in holding that Article 1, section 20 of the North Carolina Constitution – North Carolina’s analog to the Fourth Amendment – does not permit a good-faith exception to the exclusionary rule. In other words, evidence collected in violation of North Carolina’s constitutional search-and-seizure protections is excluded from criminal proceedings, regardless of the good faith of the judicial officials and law enforcement officers involved in the case. In so holding, Carter exemplifies North Carolina’s general approach when interpreting state constitutional provisions with federal analogs – the persuasive lockstep. Persuasive lockstepping considers federal jurisprudence highly persuasive but does not mechanically follow it, on occasion affording more robust constitutional protections pursuant to the state constitution.
Carter has been controversial since its 1988 publication as Molly Petrey and I chronicle in our recent North Carolina Law Review piece, State v. Carter and the North Carolina Exclusionary Rule. That controversy has increased over the past decade, however, from legislative calls for its reversal to North Carolina Court of Appeals opinions contending that it has been superseded by statute. Though its constitutional force remains plain for the moment, these recent developments call into question the fate of Carter as well as the means of constitutional interpretation it represents.
Interested? Read State v. Carter and the North Carolina Exclusionary Rule here.
NC Supreme Court Starts a Podcast
Appellate PracticeListening to your oral arguments can improve your practice – and the North Carolina Supreme Court has just made it easier.
Thanks to the tireless efforts of Fred Wood and the suggestion of our section’s communications chair, the North Carolina Supreme Court has a podcast. The Court is uploading the audio from oral arguments to its podcast.
Oral arguments from 1/5 and 1/6 are already uploaded. The Court plans to upload all future arguments.
You can find the podcast on Spotify and RadioPublic. The podcasts should be on Google Podcasts soon.
The podcast is limited to Supreme Court arguments for now but may expand to Court of Appeals arguments in the future.
Happy listening!
Prenatal Abandonment
Family Law SectionBy
Jessica Wollum
While my last post focused on pregnancy support, this post focuses on what occurs when fathers fail to provide support, or at least fail to meet the court’s support definitions. Under prenatal abandonment theory, birth fathers lose “parental rights to newborn[s] by neglecting parental responsibilities during” pregnancy.[1] However, this theory can be more than a sword to terminate rights, but also a shield to protect rights via laws that 1) require fathers to “pay prenatal support or waive parental” rights and that 2) protect rights for fathers who provide such support.[2]
Read more
Getting Involved in Your NCBA Section: A Case Study
Elder & Special Needs LawIt’s probably fair to say that each attorney wants to be competent in his or her area of practice, but how can you set yourself apart in a particular area of law and take your practice to the next level? Having just reached my ninth year as an elder and special needs law attorney and my third year as a Board-Certified Specialist in elder law, I’ve recently reflected on what factors of my practice and education have supported developing a broad knowledge base in this area of law.
One factor of my practice and volunteer involvement that cannot be understated is with the NCBA Elder and Special Needs Law Section. Early on in my practice, a former colleague volunteered me to present recent developments at the Elder and Special Needs Law Symposium. Presenting in front of such a large group seemed a daunting task, particularly since I was certain that I would forget the entirety of my research. I was also certain that everyone in the audience would know more than me.
Read more
Salary Negotiations: Previous and Upcoming YLD Events!
Young Lawyers DivisionAs an NCBA Law Student Representative for North Carolina Central School of Law this year, I appreciated the YLD Law Student Outreach Committee hosting “Salary Negotiations 101 with Karen Chopra” on November 1. If you missed the event, I encourage you to view the recording here.
As a non-traditional law student with a background in Human Resources, I can attest that Karen did not hold back in sharing valuable information on salary negotiations. Some of the key takeaways from the presentation include:
Read more
Call for Nominations – Zoning, Planning, and Land Use Section Award of Excellence
Zoning Planning & Land Use SectionDo you know a land use law superstar? Please consider nominating them for the Zoning, Planning, and Land Use Section Award of Excellence! This award recognizes a member of the Zoning, Planning, and Land Use Section who has shown outstanding dedication to land use matters while exhibiting the highest ethical standards and a commitment of service to clients and the profession. The full nomination guidelines and forms are available here: https://www.ncbar.org/members/communities/sections/zoning-planning-land-use/zoning-planning-and-land-use-section-award-of-excellence/.
Nominations for the award will close February 1, 2022. The award will be presented at the ZPLU Annual Meeting and CLE on April 21, 2022. Mark your calendars! Jamie Schwedler and Jannice Ashley are planning a great CLE focused on equity and inclusion issues, and we’ll explore various aspects of this theme in land use regulations and practices as well as in general legal practice. This CLE will be valuable for all practitioners, regardless of primary practice area.
The Limits on Pregnancy Support In North Carolina
Family Law SectionBy
Jessica Wollum
The financial and physical impacts of pregnancy disproportionately affect women, as biology makes it easier for men to evade their equal responsibility. However, laws that provide robust pregnancy support can make women and children more secure, while also ensuring more equitable pregnancy cost distributions. Regardless of whether pregnancy support is framed as prenatal child support or preglimony,[1] society benefits. This idea of support during pregnancy is within North Carolina statutes and case law, but the type of support and ability to receive support is limited and fails to provide for the full range of women or children’s needs.
Read more
Preparing for the Holidays
Paralegal DivisionHello, fellow division members, and happy holidays!
As we come to the end of December, we have made it through another year together, adjusting to the challenges the world has presented us.
I wish you all the best as we continue through our journeys!
With these challenges, the holidays can be a stressful time.
Read more
How to Apply for Admission to Federal Courts
Young Lawyers DivisionEfficiency is a lawyer’s best friend. Below you will find a cheat sheet with information and resources you need to apply for admission to the United States District Courts of North Carolina, the United States Court of Appeals for the Fourth Circuit, and the Supreme Court of the United States, with links to the various courts’ websites.
Before you begin digging through the requirements, you should verify whether your employer is willing to handle the application process and/or pay the fees on your behalf. Also, you must be a member of the Supreme Court of North Carolina (or another state) for three years before you can apply for admission to the Supreme Court of the United States.
Read more
Objectivity
Featured PostsIn the summer of 2009 I traveled to a small village in the Ramsdalen valley of Norway to shoot a story for 60 Minutes about a group of adventurers jumping off cliffs and flying to the ground in wingsuits. We hired one of them to shoot video while they were in flight. He was from South Africa but had been living for the past few years with his girlfriend in a VW Bus in the French Alps. Julian Boulle was his name.
I lived with Julian in a farmhouse for two weeks during our shoot. We were together morning, noon, and night. Julian proved to be incredibly knowledgeable, not only about the techniques and mechanics of wingsuit flying, but also some of the greater existential aspects of living so close to death. As the days wore on, and the nights became longer, our conversations branched out far beyond the story we were shooting. The more we talked, the more it seemed Julian had been everywhere and knew something about everything we talked about – war, politics, world culture. Picture Forrest Gump in dreadlocks. That was Julian . . . if he was to be believed. Halfway through our shoot, I decided I didn’t.
Read more